PUBLIC LAW 109–469—DEC. 29, 2006
120 STAT. 3531
‘‘(C) MEDIA BUYING CONTRACTOR.—The Director shall enter into a contract with a media buying contractor to plan and purchase advertising time and space for the national media campaign. The media buying contractor shall not provide any other service or material, or conduct any other function or activity which the Director determines should be provided by the Partnership for a DrugFree America. ‘‘(e) PROHIBITIONS.—None of the amounts made available under subsection (b) may be obligated or expended for any of the following: ‘‘(1) To supplant current anti-drug community-based coalitions. ‘‘(2) To supplant pro bono public service time donated by national and local broadcasting networks for other public service campaigns. ‘‘(3) For partisan political purposes, or express advocacy in support of or to defeat any clearly identified candidate, clearly identified ballot initiative, or clearly identified legislative or regulatory proposal. ‘‘(4) To fund advertising that features any elected officials, persons seeking elected office, cabinet level officials, or other Federal officials employed pursuant to section 213 of Schedule C of title 5, Code of Federal Regulations. ‘‘(5) To fund advertising that does not contain a primary message intended to reduce or prevent illicit drug use. ‘‘(6) To fund advertising containing a primary message intended to promote support for the media campaign or private sector contributions to the media campaign. ‘‘(f) MATCHING REQUIREMENT.— ‘‘(1) IN GENERAL.—Amounts made available under subsection (b) for media time and space shall be matched by an equal amount of non-Federal funds for the national media campaign, or be matched with in-kind contributions of the same value. ‘‘(2) NO-COST MATCH ADVERTISING DIRECT RELATIONSHIP REQUIREMENT.—The Director shall ensure that at least 70 percent of no-cost match advertising provided directly relates to substance abuse prevention consistent with the specific purposes of the national media campaign, except that in any fiscal year in which less than $125,000,000 is appropriated to the national media campaign, the Director shall ensure that at least 85 percent of no-cost match advertising directly relates to substance abuse prevention consistent with the specific purposes of the national media campaign. ‘‘(3) NO-COST MATCH ADVERTISING NOT DIRECTLY RELATED.— The Director shall ensure that no-cost match advertising that does not directly relate to substance abuse prevention consistent with the purposes of the national media campaign includes a clear anti-drug message. Such message is not required to be the primary message of the match advertising. ‘‘(g) FINANCIAL AND PERFORMANCE ACCOUNTABILITY.—The Director shall cause to be performed— ‘‘(1) audits and reviews of costs of the national media campaign pursuant to section 304C of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254d); and
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